Modifications etc. (not altering text)
C1Pt. II (ss. 8–57): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
C2Pt. II (ss. 8-57) restricted (19.8.1996) by 1996 c. 49, s. 9(4)(a); S.I. 1996/2127, art. 2, Sch. Pt. I
(1)A person authorised by a local housing authority or the Secretary of State may, at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—
(a)where it appears to the authority or Secretary of State that survey or examination is necesary in order to determine whether any powers under this Part should be exercised in respect of the premises, or
(b)in the case of premises which the authority are authorised by this Part to purchase compulsorily.
(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F1and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].
Textual Amendments
(1)It is a summary offence [F2intentionally] to obstruct an officer of the local housing authority, or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
(2)A person who commits such an offence is liable on conviction to a fine not exceeding [F3level 3] on the standard scale.
Textual Amendments
F2Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 65(1)
F3Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 65(2)
In this Part—
“house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;
“housing accommodation” includes flats, lodging-houses and hostels, and “house” shall be similarly construed;
[F4“introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996;]
“lodging-houses” means houses not occupied as separate dwellings;
“member of family” in relation to a person, has the same meaning as in Part V (the right to buy);
“owner”, in relation to premises—
(a)means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and
(b)includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.
Textual Amendments
F4Definition “introductory tenancy” in s. 56 inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(f)
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—
| bank | section 622 |
| building society | section 622 |
| compulsory disposal | section 40 |
| F5. . . | F5. . . |
| development corporation | section 4(c) |
| district (of a local housing authority) | section 2(1) |
| exempted disposal | section 39 |
| family (member of) | sections 56 and 186 |
| friendly society | section 622 |
| hostel | section 622 |
| house | section 56 |
| housing accommodation | section 56 |
| housing association | section 5(1) |
| Housing Revenue Account | section 417 |
| insurance company | section 622 |
| [F6introductory tenancy] | [F6section 56] |
| lease | section 621 |
| local authority | section 4(e) |
| local housing authority | sections 1, 2(2) |
| local housing authority’s houses | section 20 |
| lodging-houses | section 56 |
| new town corporation | section 4(b) |
| owner | section 56 |
| payee and payer (in relation to a service charge) | [F7section 621A] |
| qualified accountant (for the purposes of section 48(3)) | section 51 |
| [F8registered social landlord] | [F8section 5(4) and (5).] |
| relevant costs (in relation to a service charge) | [F7section 621A] (2), (3) |
| relevant disposal | section 38 (and see section 452(3)) |
| secure tenancy | section 79 |
| service charge | [F7section 621A] (1) |
| shared ownership lease | section 622 |
| standard scale (in reference to the maximum fine on summary conviction) | section 622 |
| street | section 622 |
| tenancy and tenant | section 621 |
| trustee savings bank | section 622 |
| urban development corporation | section 4(d) |
Textual Amendments
F5Entry in s. 57 repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 9, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F6Entry in s. 57 inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 3(g)
F7Words substituted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 24(2), Sch. 5 Pt. II para. 25
F8Entry in s. 57 substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(5)